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MALASRI NANDI
New India Assurance Co. Ltd. – Appellant
Versus
Pinky Kumari Thakur W/o- Late Ramesh Thakur – Respondent
JUDGMENT :
Heard Mr. A. Acharya, learned counsel for the appellant.
2. This appeal has been preferred by the appellant/insurance company under Section 173 of Motor Vehicles Act, 1988 against the judgment and order dated 24.03.2021 passed by the ld. Member, MACT, Tinsukia in MAC Case No. 71/2017 awarding compensation amounting to Rs.24,40,844/-in favour of the claimants/respondents.
3. The brief facts of the case is that on 24.06.2017 at about 2 p.m. while the husband of claimant No. 1 was proceeding towards his house along with one Robin Patra by his bicycle and when they reached in front of Sukhan Pukhuri Raiway Gate, subsequently, a vehicle bearing registration No. AS-03-C-5394 coming from Tinsukia side towards Mukum, in a very rash and negligent manner, lost control over the vehicle and knocked down the husband of the claimant No. 1 from his back side as a result of which, he sustained grievous injuries on his person and on the way to hospital, he succumbed to his injuries and the other person also died on the spot.
4. In connection with the accident, one case was registered vide Tinsukia P.S. case No. 772/2017 under Sections 279/304(A)/427 IPC. At the relevant time of accident, the
The appropriate income, future prospects, and multiplier for calculating compensation under the Motor Vehicles Act were determined based on legal principles established in previous cases.
Accident claim - Multiplier to be used should be as provided in column 4 of the judgment. Multiplier prescribed for the age group of 21-25 years is 18.
The court emphasized the principles of determining compensation under the MV Act, 1988, including the assessment of income, disallowance of interest on future prospects, and the application of establ....
The central legal point established in the judgment is the proper assessment of compensation under the Motor Vehicles Act, including the deceased's income, future prospects, and suitable multipliers,....
The main legal point established in the judgment is the reliance on oral testimony to determine the deceased's income and the application of established legal principles to modify the compensation am....
The court established that actual income evidence must be prioritized over notional income in compensation claims under the Motor Vehicle Act.
There is no justification for the learned Tribunal to award interest from date of filing the evidence on affidavit.
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